124.33
Transfers - appeal - reimbursement of expenses.

An employee holding a position in the classified service may be
temporarily transferred from the employee's original position to a similar
position for a period not to exceed thirty days, or for a longer period not to
exceed ninety days if agreed to by the employee and employer.

No employee shall be temporarily transferred more than once
during any six-month period without the approval of the director of
administrative services, if the employee is in the service of the state, or
otherwise without the approval of a commission. The director, by rule, shall
set guidelines concerning procedures to be followed by all appointing
authorities when making a temporary transfer and list those classifications
where the nature of the employment is such that systematic changes in the
location of an employee's work assignments are necessary for the efficient
operation of an office, department, or institution.

If the director or a commission approves a second temporary
transfer within any six-month period and the employee objects to the transfer
because the employee does not hold a position listed in the director's rules as
one requiring systematic changes in the employee's work assignment or because
it is not necessary for the efficient operation of the office, department, or
institution, the employee may appeal that transfer to the state personnel board
of review. If the board finds that the position held by the employee is not by
its nature subject to systematic changes or that a temporary transfer is not
necessary for the efficient operation of the office, department, or
institution, it shall not approve the transfer. If the board finds that the
temporary transfer is necessary for the efficient operation of the office,
department, or institution or that the position is by its nature subject to
systematic changes, it shall approve the transfer.

Any employee who is temporarily transferred from the employee's
original position to a similar position in excess of twenty miles from the
employee's place of residence shall be reimbursed, by the appointing authority
requesting the transfer, for all actual and necessary expenses incurred during
the temporary transfer.

An appointing authority , with the approval of the director of
administrative services, if the employee is in the service of the state, or
otherwise with the approval of a commission, may permanently transfer an
employee in the classified civil service from the employee's original position
to a similar position in another office, department, or institution. For
purposes of this section, a "permanent transfer " means any transfer in excess
of thirty days unless the employee and the employer agree to a longer period
not to exceed ninety days. The appointing authority requesting the permanent
transfer shall notify the employee and the director or commission in writing of
the request to transfer. If the director or commission determines that the
transfer is not necessary for the efficient operation of the office,
department, or institution, the director or commission shall not approve the
transfer and shall notify the appointing authority and the employee in writing
that transfer is not approved. If the director or commission finds that the
transfer is necessary for the efficient operation of the office, department, or
institution, the director or commission shall notify the appointing authority
and the employee , in writing, that the transfer is approved, including in that
notification a statement whether the transfer will require a permanent change
of residence for the employee.

If the employee consents to the transfer and is in agreement
with the statement concerning a permanent change of residence, the appointing
authority of the office, department, or institution receiving the employee
shall reimburse the employee for actual and necessary travel and living
expenses or, if the move requires a permanent change of residence, actual and
necessary expenses of moving to the new location and provide a per diem
allowance not to exceed thirty days for living expenses until the employee's
residence can be moved to the new location.

If the employee does not wish to be transferred or feels that
the decision regarding the need for a permanent change of residence has been
unfair, the employee, within ten days after receipt of the notice, may appeal
the transfer to the state personnel board of review, but, pending determination
of the appeal, the employee shall not refuse the transfer.

In such an appeal, the appointing authority of the office,
department, or institution receiving the employee shall be required to show
that the permanent transfer is necessary for the efficient operation of the
office, department, or institution. If the state personnel board of review
finds that the transfer is necessary for the efficient operation of the office,
department, or institution and if the employee is transferred, the appointing
authority of the office, department, or institution receiving the employee
shall reimburse the employee for the actual and necessary expenses of moving to
the new location and shall pay the employee a per diem allowance not to exceed
thirty days for living expenses until the employee's residence can be moved to
the new location.

If the state personnel board of review finds that the transfer
is not necessary for the efficient operation of the office, department, or
institution and if the employee has moved to the new location pending the
appeal, the appointing authority of the receiving office, department, or
institution shall pay the actual and necessary expenses of the employee of
moving to the new location and actual and necessary expenses for returning the
employee to the employee's previous location.